State of Illinois
90th General Assembly

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      55 ILCS 5/5-12001         from Ch. 34, par. 5-12001
          Amends the Counties  Code  concerning  the  authority  to
      regulate the location and use of structures.  Provides that a
      county  board may regulate a livestock management facility or
      a livestock waste handling facility  raising  or  serving  in
      total  confinement  more than 500 animal units as these terms
      are defined  by  the  Livestock  Management  Facilities  Act.
      Makes a technical change.  Effective immediately.
 1        AN  ACT  to  amend  the Counties Code by changing Section
 2    5-12001.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Counties  Code  is amended by changing
 6    Section 5-12001 as follows:
 7        (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
 8        Sec.  5-12001.  Authority  to   regulate   and   restrict
 9    location and use of structures.
10        (a)  For  the  purpose  of  promoting  the public health,
11    safety, morals, comfort and general welfare,  conserving  the
12    values  of  property  throughout  the  county,  lessening  or
13    avoiding  congestion  in the public streets and highways, and
14    lessening or avoiding the hazards to persons  and  damage  to
15    property  resulting  from the accumulation or runoff of storm
16    or  flood  waters,  the  county  board  or  board  of  county
17    commissioners, as the case may be, of each county, shall have
18    the power to regulate and restrict the location  and  use  of
19    buildings, structures and land for trade, industry, residence
20    and  other  uses  which  may  be  specified by such board, to
21    regulate  and  restrict  the  intensity  of  such  uses,   to
22    establish  building  or setback lines on or along any street,
23    trafficway, drive, parkway  or  storm  or  floodwater  runoff
24    channel  or  basin outside the limits of cities, villages and
25    incorporated towns which  have  in  effect  municipal  zoning
26    ordinances; to divide the entire county outside the limits of
27    such  cities,  villages and incorporated towns into districts
28    of such number, shape, area and of  such  different  classes,
29    according  to the use of land and buildings, the intensity of
30    such use (including height of buildings  and  structures  and
31    surrounding  open  space)  and other classification as may be
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 1    deemed  best  suited  to  carry  out  the  purposes  of  this
 2    Division;  to  prohibit   uses,   buildings   or   structures
 3    incompatible   with   the   character   of   such   districts
 4    respectively;  and  to prevent additions to and alteration or
 5    remodeling of existing buildings or structures in such a  way
 6    as to avoid the restrictions and limitations lawfully imposed
 7    hereunder:   Provided,  that  permits  with  respect  to  the
 8    erection,  maintenance,  repair,  alteration,  remodeling  or
 9    extension of buildings or structures used or to be  used  for
10    agricultural  purposes  shall  be  issued free of any charge.
11    The corporate authorities of  the  county  may  by  ordinance
12    require  the  construction  of  fences  around  or protective
13    covers over previously constructed artificial basins of water
14    dug in the ground and used for swimming or wading, which  are
15    located  on private residential property and intended for the
16    use  of  the  owner  and  guests.   In  all   ordinances   or
17    resolutions  passed under the authority of this Division, due
18    allowance  shall  be  made  for  existing   conditions,   the
19    conservation  of  property values, the directions of building
20    development to the best advantage of the entire  county,  and
21    the  uses  to  which  property  is devoted at the time of the
22    enactment of any such ordinance or resolution.
23        (b)  The powers by this Division given shall:
24             (1)  not be exercised so as to deprive the owner  of
25        any  existing  property of its use or maintenance for the
26        purpose to which it is then lawfully devoted;
27             (2)  nor shall they be exercised  so  as  to  impose
28        regulations  or require permits with respect to land used
29        for agricultural purposes, which includes the growing  of
30        farm  crops,  truck  garden  crops,  animal  and  poultry
31        husbandry,     apiculture,     aquaculture,     dairying,
32        floriculture,  horticulture,  nurseries,  tree farms, sod
33        farms, pasturage, viticulture, and wholesale  greenhouses
34        when such  agricultural purposes constitute the principal
                            -3-                LRB9010398PTmb
 1        activity   on  the  land,  other  than  parcels  of  land
 2        consisting of less than 5 acres from which $1,000 or less
 3        of agricultural products were sold in any  calendar  year
 4        in counties with a population between 300,000 and 400,000
 5        or  in  counties contiguous to a county with a population
 6        between 300,000 and 400,000, and other  than  parcels  of
 7        land  consisting  of less than 5 acres in counties with a
 8        population in excess of 400,000, or with respect  to  the
 9        erection,  maintenance, repair, alteration, remodeling or
10        extension of buildings or structures used or to  be  used
11        for agricultural purposes upon such land except that such
12        buildings  or structures for agricultural purposes may be
13        required to conform to building or  set  back  lines  and
14        counties  may establish a minimum lot size for residences
15        on land used for agricultural purposes;
16                  (A)  In this Division, "agricultural  purposes"
17             include,    without    limitation,    the   growing,
18             developing, processing, conditioning, or selling  of
19             hybrid  seed  corn,  seed beans, seed oats, or other
20             farm seeds.
21                  (B)  As  used  in   this   Act,   "agricultural
22             purposes" do not include (i) the extraction of sand,
23             gravel,  or limestone or (ii) the raising or serving
24             in total confinement of more than 500  animal  units
25             by  a  livestock  management  facility  or livestock
26             waste handling facility as these terms  are  defined
27             respectively  in Sections 10.10, 10.30, and 10.40 of
28             the Livestock Management Facilities Act;  and  these
29             activities   may   be  regulated  by  county  zoning
30             ordinance even when the activities are related to an
31             agricultural purpose.
32             (3)  nor shall any such powers be so exercised as to
33        prohibit the temporary use of land for the  installation,
34        maintenance   and   operation   of   facilities  used  by
                            -4-                LRB9010398PTmb
 1        contractors  in  the  ordinary  course  of   construction
 2        activities,  except  that such facilities may be required
 3        to be located not less than 1,000 feet from any  building
 4        used for residential purposes, and except that the period
 5        of  such  temporary  use shall not exceed the duration of
 6        the construction contract;
 7             (4)  nor shall any such powers include the right  to
 8        specify  or  regulate  the type or location of any poles,
 9        towers, wires, cables, conduits, vaults, laterals or  any
10        other  similar distributing equipment of a public utility
11        as defined in the Public utilities  Act,  if  the  public
12        utility  is  subject  to  the  Messages  Tax Act, the Gas
13        Revenue Tax Act or the Public Utilities Revenue  Act,  or
14        if such facilities or equipment are located on any rights
15        of  way and are used for railroad purposes, nor shall any
16        such powers  be  exercised  in  any  respect  as  to  the
17        facilities,   as  defined  in  Section  5-12001.1,  of  a
18        telecommunications  carrier,  as  also  defined  therein,
19        except to the extent and  in  the  manner  set  forth  in
20        Section  5-12001.1.  As  used  in this Act, "agricultural
21        purposes" do not include the extraction of  sand,  gravel
22        or  limestone,  and  such  activities may be regulated by
23        county zoning ordinance even  when  such  activities  are
24        related to an agricultural purpose.
25        (c)  Nothing  in  this  Division  shall  be  construed to
26    restrict the powers granted by statute  to  cities,  villages
27    and  incorporated  towns  as  to  territory contiguous to but
28    outside  of  the  limits  of  such   cities,   villages   and
29    incorporated  towns.  Any zoning ordinance enacted by a city,
30    village or incorporated town shall supersede, with respect to
31    territory within the corporate limits  of  the  municipality,
32    any  county  zoning  plan  otherwise  applicable.  The powers
33    granted to counties by this Division shall be treated  as  in
34    addition to powers conferred by statute to control or approve
                            -5-                LRB9010398PTmb
 1    maps, plats or subdivisions.
 2        In   this   Division,  "agricultural  purposes"  include,
 3    without  limitation,  the  growing,  developing,  processing,
 4    conditioning, or selling of hybrid  seed  corn,  seed  beans,
 5    seed oats, or other farm seeds.
 6        Nothing  in  this Division shall be construed to prohibit
 7    the corporate  authorities  of  a  county  from  adopting  an
 8    ordinance  that exempts pleasure driveways or park districts,
 9    as defined in the Park District Code, with  a  population  of
10    greater  than  100,000,  from  the  exercise  of the county's
11    powers under this Division.
12    (Source: P.A. 89-654,  eff.  8-14-96;  90-261,  eff.  1-1-98;
13    90-522, eff. 1-1-98; revised 11-4-97.)
14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

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